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2013 (9) TMI 627 - CESTAT BANGALOREApplication u/s 35C(2) seeking review of stay order – Held that:- Any application under sub-section (2) of the Section 35C purported to seek amendment of an order passed under sub-section (1) - The stay order was not passed under sub-section (1) of Section 35C - It was passed under Section 35F of the Central Excise Act - In this view of the matter, the present application is not maintainable in law. Power of Review – Held that:- The power of review, oft-referred to by the learned counsel, was limited insofar as an application for modification of stay order passed by this Tribunal is concerned – Following Baron International Ltd. vs. Union of India [2003 (9) TMI 97 - HIGH COURT OF JUDICATURE AT BOMBAY ] - the Tribunal should first make a prima facie enquiry to find out whether sufficient materials existed warranting modification of the stay order passed under Section 35F of the Central Excise Act - If no such prima facie case was found, the modification application should be rejected without elaborate hearing - If prima facie case existed warranting modification of stay order, only then the Tribunal should hear both sides elaborately on the modification application. waiver of Pre-deposit - All the submissions made before the Bench from both sides were correctly and completely recorded – direction was made for the pre deposits to be made -The plea of financial hardships which was seen reiterated in the Managing Partner s Affidavit – Partial stay granted.
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